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Full-Text Articles in Law
Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes
Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes
Law and Contemporary Problems
Bandes discusses the polarizing function of victim impact statements used in the context of the death penalty. The use of victim impact statements is justified in order to promote closure for the victim, but it's unclear what psychological closure can be accomplished from the formal litigation process. Even if victim impact statements do help their authors, in the context of the death penalty the authors are family members of the victim, not the direct victim, and Bandes questions whether it's important to further their interests at the expense of the interests of the defendant. The only recourse for the jury …
The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman
The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman
Law and Contemporary Problems
The adjudication of child abuse claims poses an excruciatingly difficult conundrum. In many cases, a large part of the problem is that the prosecution's case depends critically on the statement or testimony of a young child.
Child Witness Policy: Law Interfacing With Social Science, Dorothy F. Marsil, Jean Montoya, David Ross, Louise Graham
Child Witness Policy: Law Interfacing With Social Science, Dorothy F. Marsil, Jean Montoya, David Ross, Louise Graham
Law and Contemporary Problems
The number of children testifying in court has posed serious practical and legal problems for the judicial system. One problem confronting the courts is how to protect children from experiencing the psychological trauma resulting from face-to-face confrontation with a defendant who may have physically harmed the child or threatened future harm to the child.
The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark
The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark
Law and Contemporary Problems
This article discusses the role of epidemiologic evidence in toxic tort cases, focusing on relative risk. Whether specific causation can be inferred if a relative risk is above 2.0 is discussed. The object is to explore the scientific logic behind intuitions of relative risk.
Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black
Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black
Law and Contemporary Problems
The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.
Countering The Excessive Subpoena For Scholarly Research, Michael Traynor
Countering The Excessive Subpoena For Scholarly Research, Michael Traynor
Law and Contemporary Problems
A researcher has many opportunities to safeguard research and take a stance in court to protect the privacy of study participants in the interest of well-grounded scientific or social analysis.
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Law and Contemporary Problems
Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.
Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff
Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff
Law and Contemporary Problems
Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works.
Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer
Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer
Law and Contemporary Problems
Fischer says he believes that the uneasy relationship between law and science is likely to continue regarding disclosure of scientific research materials.
Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou
Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou
Law and Contemporary Problems
Resisting compelled disclosure in court will continue to be at best a tenuous and uncertain journey for researchers who have been subpoenaed.
Medical Experts And The Ghost Of Galileo, Peter Huber
Medical Experts And The Ghost Of Galileo, Peter Huber
Law and Contemporary Problems
The law and science of traumatic cancer and cerebral palsy are discussed in the context of rules of evidence that are concerned with the testimony of medical experts in court. An evidentiary fallacy is demonstrated using the scientific expertise of the scientist Galileo as an example.
Legal Doctrines Governing The Admissibility Of Expert Testimony Concerning Social Framework Evidence, Robert P. Mosteller
Legal Doctrines Governing The Admissibility Of Expert Testimony Concerning Social Framework Evidence, Robert P. Mosteller
Law and Contemporary Problems
No abstract provided.
Juries And Expert Evidence: Social Framework Testimony, Neil J. Vidmar, Regina A. Schuller
Juries And Expert Evidence: Social Framework Testimony, Neil J. Vidmar, Regina A. Schuller
Law and Contemporary Problems
No abstract provided.
Social Science Findings And The Jury’S Ability To Disregard Evidence Under The Federal Rules Of Evidence, Lisa Eichhorn
Social Science Findings And The Jury’S Ability To Disregard Evidence Under The Federal Rules Of Evidence, Lisa Eichhorn
Law and Contemporary Problems
No abstract provided.
Statistical Proof And Theories Of Discrimination, Douglas Laycock
Statistical Proof And Theories Of Discrimination, Douglas Laycock
Law and Contemporary Problems
No abstract provided.
Multiple Regression Analysis In Title Vii Cases: A Structural Approach To Attacks Of Missing Factors And “Pre-Act Discrimination”, Barbara A. Norris
Multiple Regression Analysis In Title Vii Cases: A Structural Approach To Attacks Of Missing Factors And “Pre-Act Discrimination”, Barbara A. Norris
Law and Contemporary Problems
No abstract provided.
Liability And Individualized Evidence, Judith Jarvis Thomson
Liability And Individualized Evidence, Judith Jarvis Thomson
Law and Contemporary Problems
No abstract provided.
The Trouble With Statistical Evidence, Richard Schmalbeck
The Trouble With Statistical Evidence, Richard Schmalbeck
Law and Contemporary Problems
No abstract provided.